Nominated MP and ODM chairperson John Mbadi has threatened to move to court to have the Finance Bill, 2023 annulled over illegalities in its processing.
The chairperson of the National Assembly’s Public Accounts Committee regretted that the Bill was tabled before National Treasury Cabinet Secretary Njuguna Ndungu could table the 2023-24 budget highlights.
According to Mbadi, a financial expert, the government’s revenue-raising measures should be approved by Parliament after the budget highlights have been presented.
MPs on Wednesday voted 176 against 81 to approve the Bill in its Second Reading ahead of Ndungu’s budget highlights on Thursday.
A Finance Bill preceding the national budget highlights presentation is what Mbadi termed an illegality that flies in the face of President William Ruto’s commitment to upholding the rule of law.
”The Majority side had no justification in pushing for a vote on a Finance Bill in the rushed manner in which they did. It is anticipated in law that debate on the Bill and indeed any voting would have succeeded the Budget Highlights by the CS,” Mbadi said.
“The Public Finance Management Act guides the budget process and section 40 thereof at sub-section (3) states that on the same date when the Cabinet Secretary shall submit to Parliament the revenue highlights the Finance Bill setting out the revenue-raising measures shall also be tabled before the August House. Shall being the operative word here.”
The MP wondered why the Kenya Kwanza government was hellbent on breaking the law by irregularly tabling and voting for the Finance Bill if they believed they had the numbers.
“The growing tendency by KK to attempt to hoodwink Kenyans must stop,” he said.
According to Mbadi, the government should do things according to the law and immediately withdraw the impugned Bill and conclude the money process in line with the law.
“If the courts remain true to precedent then as we were told in the BBI, the lawful process must be adhered to. What is this rush to get money? What is this obsession with money talk every time they address the public that leads them to act outside the law?” he posed.
During Wednesday’s voting, the opposition failed to get enough numbers to defeat the Bill after most of the Azimio MPs either boycotted the vote or were locked out of the House after the division bell.
Some opposition MPs crossed the aisle and voted in favour of the Bill despite a position taken by Azimo to oppose it.
“After all KK claim to have the numbers, what was there to fear? Why rush to actions that are outside the law?” Mbadi posed.
“KK should thus remember that rule of law is not just an action, like swearing in judges, but includes a process that is conducted according to the law.”
He urged Kenyans to be vigilant to hold the Kenya Kwanza government to account every step of the way.
Mbadi said that like the President immediately swore into office judges that his predecessor Uhuru Kenyatta had rejected, he should also follow the law.
“In fact even before the KK government came into office, they emphasised the importance of the rule of law and in fact danced themselves lame when BBI was declared to have been unlawfully executed,” Mbadi said.
Azimio MPs on Thursday walked out on Ndungu as he tabled the 2023-24 budget highlights.
